TABLE OF CONTENTS

ARTICLE SUBJECT PAGE

PREAMBLE 1 

WITNESSETH 1 

 I EXCLUSIVE RECOGNITION AND COVERAGE OF 

 AGREEMENT 2 

 II PRECEDENCE OF LAWS AND REGULATIONS 2 

 III REPRESENTATION 3 

 IV EMPLOYER'S RIGHTS 7 

 V UNION'S RIGHTS 9 

 VI EMPLOYEES' RIGHTS 10 

 VII HOURS OF WORK 11 

 VIII OVERTIME 16 

 IX TEMPORARY ASSIGNMENTS 18 

 X PROMOTIONS 19 

 XI HOLIDAYS 21 

 XII SICK LEAVE 22 

 XIII ANNUAL LEAVE 25 

 XIV FAMILY AND MEDICAL LEAVE 29 

 XV EXTENDED LEAVE AND EXCUSED ABSENCE 30 

 XVI REDUCTION IN FORCE 31 

 XVII ADMINISTRATION OF DISCIPLINE 32 

 XVIII GRIEVANCE PROCEDURE 34 

 XIX ARBITRATION 41 

 XX TRAINING 44 

 XXI PAYROLL DEDUCTION OF UNION DUES 44 

 XXII SAFETY AND HEALTH 47 
TABLE OF CONTENTS (cont'd)

ARTICLE SUBJECT PAGE

 XXIII PUBLICITY 49 

 XXIV CIVIC RESPONSIBILITIES 49 

 XXV GENERAL PROVISIONS 50 

 XXVI DURATION AND CHANGE OF AGREEMENT 52 

APPENDIX

 I FLEET AND INDUSTRIAL SUPPLY CENTER, 

 PEARL HARBOR, EMPLOYEE GRIEVANCE 

 FORM 54 
PREAMBLE 

 This AGREEMENT is by and between the FLEET AND INDUSTRIAL 

SUPPLY CENTER, PEARL HARBOR, HAWAII (FISC PEARL), hereinafter 

referred to as the "Employer" and the SERVICE EMPLOYEES 

INTERNATIONAL UNION, LOCAL 556, AFL-CIO, hereinafter referred to 

as the "Union." Wherever the terms "he," "him" or "his" are 

used, they are intended to include both genders. 

WITNESSETH 

 WHEREAS, the Congress finds that experience in both private and 

public employment indicates that the statutory protection of the 

right of employees to organize, bargain collectively, and 

participate through labor organizations of their own choosing in 

decisions which affect them safeguards the public interest, 

contributes to the effective conduct of public business, and 

facilitates and encourages the amicable settlement of disputes 

between employees and their employers involving conditions of 

employment; and 

 WHEREAS, the public interest demands the highest standards of 

employee performance and the continued development and 

implementation of modern and progressive work practices to 

facilitate and improve employee performance and the efficient 

accomplishment of the operations of the Government; and 

 WHEREAS, this AGREEMENT should be interpreted in a manner 

consistent with the requirement of an effective and efficient 

Government; 

NOW THEREFORE, the parties hereto agree within the meaning of 

the Civil Service Reform Act of 1978 (Public Law 95-454); 

hereinafter referred to as the "Act" as follows: 

1 
ARTICLE I 

EXCLUSIVE RECOGNITION AND 

COVERAGE OF AGREEMENT

Section 1. The Employer recognizes the Union as the exclusive 

representative of all employees covered by this AGREEMENT with 

respect to their interests in matters of grievances, personnel 

policies and practices or other matters affecting general working 

conditions. 

Section 2. The bargaining unit consists of all graded 

(Classification Act) nonsupervisory, nonprofessional employees at 

FISC PEARL. Excluded are all ungraded (Wage Board) employees, 

managers, supervisors, guards, professional employees, persons 

engaged in personnel work in other than a purely clerical 

capacity; employees who operate, repair or maintain cryptographic 

equipment either "off-line" or "on-line" or whose positions 

require cryptographic authorization. 

ARTICLE II 

PRECEDENCE OF LAWS AND REGULATIONS 

Section 1. This AGREEMENT and any supplement hereto, shall be 

governed by existing laws and the regulations of appropriate 

authorities; by published agency policies and regulations in 

existence at the time this AGREEMENT was approved; and by future 

laws and subsequently published agency policies and regulations 

required by law. 

Section 2. The Employer will make available to the Union for 

viewing, upon request, rules, regulations and/or directives in 

the Employer’s possession that deal with personnel policies and 

practices affecting employees in the bargaining unit. The 

foregoing is subject to security regulations, the Freedom of 

2 
Information and Privacy Acts, and is not applicable to policies, 

regulations, and memoranda of an intra-management nature. 

ARTICLE III 

REPRESENTATION

Section 1. The Employer shall recognize the officials and 

designated representatives of the Union. The Union shall provide 

the Employer and maintain with the Employer on a current basis, a 

complete list of all officials, authorized representatives, and 

any alternates, with their assigned areas of responsibility. 

Section 2. The primary point of contact between the Union and 

the Employer, for the purpose of discussing questions which may 

arise concerning the general administration or interpretation of 

this AGREEMENT or other labor relations matters shall be: 

For the Union: The Executive Director or his authorized 

representative; 

For the Employer: The designated Labor Relations 

representative from the Human Resources Office (HRO). 

Union representatives who are not employees of FISC PEARL and who 

desire admission to the Center will make arrangements in advance 

through the designated labor relations representative in the HRO 

in accordance with applicable directives. Such visits shall be 

governed by current security regulations and the Employer 

reserves the right to require that any such visitor be escorted 

by a representative of the Employer during his stay within the 

Center. 

Section 3. A reasonable number of shop stewards, chief 

stewards and other representatives may be authorized by the 

Union, as the representatives of employees within geographical 

areas or organizational codes. The Union assumes responsibility 

for 

3 
designating the minimum number of representatives to provide 

effective and efficient employee representation. Differences 

between the Union and the Employer concerning the number of 

stewards will be resolved through the grievance procedure. The 

Union may designate an alternate steward, where necessary, in the 

event any regular steward is temporarily unable to service his 

area due to illness, vacation, temporary promotion, detail 

assignment or TAD. 

Section 4. The Employer and the Union shall encourage their 

respective representatives to seek mutually acceptable solutions 

to problems at the lowest level. Consultation shall commence 

between appropriate stewards and supervisors. This does not deny 

the Union the opportunity of discussion with higher levels of 

management. 

Section 5. Reasonable time during working hours (time allowed) 

shall be granted Union representatives (stewards, chief stewards 

and representatives who are FISC employees) to carry out their 

duties and responsibilities in furthering the employees' interest 

in work-related matters in assigned areas. Reasonable timeallowed shall be granted for consultations and discussion with 

employees who have pertinent knowledge of the matters 

involved or complained of; attendance at meetings with employees 

and with management officials of the Employer; and preparation of 

agenda for formal meetings with the Employer. Representatives 

shall guard against the excessive use of Government time in 

connection with such matters. The Employer shall ensure there is 

no discrimination or retaliation against the Union or its 

representatives in the performance of their functions and the use 

of time-allowed. 

Section 6. The Employer will provide each new employee with a 

copy of the collective bargaining agreement and will afford the 

Union the opportunity to make a presentation of up to fifteen 

4 
(15) minutes on the role of the Union at the FISC Academy 

sessions. Within thirty (30) days from the reporting date of a 

new bargaining unit employee, the Employer will arrange for the 

employee to be introduced to the appropriate steward for his work 

area. The steward will be allowed up to five (5) minutes to 

explain the function of the Union in representing employees and 

may give the employee a brochure describing the purposes of the 

Union. 

Section 7. Stewards shall report to and obtain permission from 

the appropriate supervisor whenever they desire to leave their 

assigned work for the purposes referred to above, and shall 

report back to the supervisor at the time they return to the job. 

 Prior to discussion with an employee in another work area, the 

steward will report to the immediate supervisor in that 

particular area, and state the purpose of his visit before 

interrupting the employee's work. Supervisory permission in both 

instances will be granted promptly in the absence of compelling 

circumstances. If circumstances preclude permission at that 

time, the steward will be informed when such permission will be 

granted. 

Section 8. Time off from work granted to Union representatives 

shall not be used for: discussion of any matter connected with 

the internal management or operations of the Union or any other 

labor organization; the collection of dues, assessments of other 

funds; the solicitation of memberships; campaigning for elective 

office in the Union or any other labor organization; the 

distribution of literature and authorization cards; or the 

deliberate seeking out of grievances and complaints. 

5 
 Section 9. Union representatives who have a continuing Union 

assignment shall not be reassigned or detailed from one work 

shift (unless assigned to a rotating shift position) or 

geographical area to another except when: 

 a. there are compelling reasons therefor; or 

 b. geographical mobility is a part of their normal work 

assignment when appointed steward (e.g. truck driver, crane 

operator etc.). If and when such management-initiated 

reassignment or detail becomes necessary, the Employer shall 

notify the Union as far in advance of the effective date as 

practicable; and, time permitting, shall consult with the Union 

about the matter. The curtailment does not extend to or preclude 

assignment to other work areas or changes of shift, as warranted 

by unforeseen circumstances, to meet temporary, emergency or 

unscheduled work requirements, except that such assignments will 

be terminated as soon as possible. 

 Section 10. The Employer will make suitable space within FISC 

PEARL available to the Union for the purpose of holding meetings 

and for filing material pertinent to this AGREEMENT and the 

Union's responsibilities thereunder. The Union shall maintain 

such space in clean and orderly condition and will make no 

alterations thereto without the Employer's prior approval. 

 Section 11. The Employer will grant a reasonable amount of 

official time to employees who are representatives of the Union 

to attend Union-conducted training which is of mutual concern to 

the activity and the employee in his capacity as a Union 

representative and where the activity’s interest will be served 

by the employee's attendance. The Union will submit a schedule 

of the training and the subject matter to be covered to the 

Employer at least ten (10) calendar days in advance along with 

the request for official time. 

6
 Section 12. Representatives of the Union and the Employer will 

meet periodically, at a mutually agreeable time, to exchange 

work-related information, discuss potential problems, and improve 

communications. 

ARTICLE IV 

EMPLOYER'S RIGHTS

 Section 1. Nothing in this AGREEMENT shall affect the 

authority of the Employer: 

 a. to determine the mission, budget, organization, number 

of employees, and internal security practices of the agency; and 

 b. in accordance with applicable laws- 

 (1) to hire, assign, direct, layoff, and retain 

employees in the agency, or to suspend, remove, reduce in grade 

or pay, or take other disciplinary action against such employees; 

 (2) to assign work, to make determinations with respect 

to contracting out, and to determine the personnel by which 

agency operations shall be conducted; 

 (3) with respect to filling positions, to make 

selections for appointments from- 

 (i) among properly ranked and certified candidates 

for promotion; or 

 (ii) any other appropriate source; and 

 (4) to take whatever actions may be necessary to carry 

out the agency mission during emergencies. 

7 
 Section 2. Nothing in this AGREEMENT shall preclude the 

Employer and the Union from negotiating: 

 a. at the election of the agency, on the numbers, types, 

and grades of employees or positions assigned to any 

organizational subdivision, work project, or tour of duty, or on 

the technology, methods, and means of performing work; 

 b. procedures which management officials of the agency will 

observe in exercising any authority under this Article; or 

 c. appropriate arrangements for employees adversely 

affected by the exercise of any authority under this Article by 

such management officials. 

 Section 3. The right to make reasonable rules and regulations 

is an acknowledged function of the Employer, subject to any 

limitations set forth in this AGREEMENT. 

 Section 4. It is agreed that changes in conditions of 

employment affecting employees in the bargaining unit for which 

there is an obligation to bargain shall be accomplished by: 

 a. presenting a draft of the proposed change to the Union 

via Certified Mail or facsimile; 

 b. permitting sufficient time (not more than fourteen (14) 

calendar days from receipt) for study and submission of written 

proposals; 

 c. the Union agrees that, should it fail to submit written 

proposals within the prescribed time, the Employer may then 

proceed to implement the Employer's proposal without the 

obligation to negotiate; 

8 
 d. if the Union submits written proposals, negotiations 

will commence within seven (7) calendar days from receipt of the 

Union's written proposals, unless the parties agree to a later 

date; 

 e. should negotiations take place, normal conduct of 

negotiations governs, including third party proceedings. The 

foregoing does not preclude the Employer from implementing 

policies and procedures at any time it is deemed necessary to 

insure effective and efficient operations as mandated by 5 U.S. 

Code 7101(b). The Union will be promptly notified of any such 

actions and the reasons therefor, and the Union may submit such 

matter as a grievance under Article XVIII Grievance Procedure, 

Section 15. 

The time limits in this Section may be extended by mutual 

agreement of the parties. 

ARTICLE V 

UNION'S RIGHTS

 Section 1. The Union is the exclusive representative of the 

employees in the bargaining unit and is entitled to act for and 

negotiate collective bargaining agreements covering all employees 

in the bargaining unit. 

 Section 2. The Union shall be given the opportunity to be 

represented at: 

 a. any formal discussion between one or more 

representatives of the Employer and one or more employees in the 

bargaining unit or their representatives concerning any grievance 

or any personnel policy or practices or other general conditions 

of employment; or 

9 
 b. any examination of an employee in the bargaining unit by 

a representative of the Employer in connection with an 

investigation if: 

 (1) The employee reasonably believes that the 

examination may result in disciplinary action against the 

employee; and 

 (2) The employee requests representation. 

 Section 3. The Employer shall annually inform all employees in 

the bargaining unit of their rights under Section 2(b) of this 

Article. This information shall be posted on all appropriate 

bulletin boards. 

 Section 4. The Employer recognizes the right of the Union to 

initiate mid-term and impact and implementation bargaining to the 

extent permitted by law. 

ARTICLE VI 

EMPLOYEES' RIGHTS

 Section 1. Each employee shall have the right to form, join, 

or assist any labor organization, or to refrain from any such 

activity, freely and without fear of penalty or reprisal, and 

each employee shall be protected in the exercise of such right. 

Except as otherwise provided by law, such right includes the 

right: 

 a. to act for the Union in the capacity of a representative 

and the right, in that capacity, to present the views of the 

Union to the heads of agencies and other officials of the 

executive branch of the Government, the Congress, or other 

appropriate authorities, and 

 b. to engage in collective bargaining with respect to 

conditions of employment through Union representatives. 

10 
 Section 2. Employees have the right to refer or not refer work 

related problems to the Union without fear of reprisal. The 

Union is responsible for representing the interests of all 

employees in the bargaining unit without discrimination and 

without regard to labor organization membership. 

 Section 3. Nothing in the AGREEMENT shall require an employee 

to become or to remain a member of the Union, or to pay money to 

the Union except pursuant to a voluntary, written authorization 

by a member for the payment of dues through payroll deductions. 

 Section 4. In accordance with applicable laws and the terms of 

this AGREEMENT, employees in the bargaining unit have the right 

to be represented by the Union without discrimination because of 

membership or nonmembership in the Union. 

 Section 5. Employees will be permitted to wear union insignia 

at work, provided that such insignia are reasonable in size, 

appearance and content. 

 Section 6. Employees have the right to expect their 

supervisors to treat them with courtesy and respect, just as 

these employees are to treat their supervisors and fellow 

employees with courtesy and respect. 

ARTICLE VII 

HOURS OF WORK

 Section 1. The administrative workweek for employees of the 

bargaining unit is the calendar week beginning at 12:01 a.m. 

Sunday and ending at 12:00 midnight the following Saturday. 

 Section 2. Except for employees on a compressed work schedule, 

the basic 40-hour workweek will normally consist of five 

consecutive eight-hour days, Monday through Friday, inclusive. 

11 
The Employer may assign employees to basic workweek schedules 

other than above, consistent with applicable regulations and this 

AGREEMENT. 

 Section 3. Normally, basic workweeks shall be scheduled in a 

manner that will enable an employee’s days off to be consecutive 

and such days off shall include a Saturday or a Sunday. 

 Section 4. The Employer's Alternate Work Schedule program will 

be administered in accordance with FISC PEARL INSTRUCTION 

12610.1B. This instruction states in part that, "The opportunity 

to work a non-basic workweek is extended to full-time civilian 

personnel on a voluntary basis, provided it will not adversely 

affect the command's mission performance. Every effort will be 

made to comply with an employee's selection of a work schedule 

option." 

 Section 5. Employees will be notified of changes in the days 

and/or shift hours of their basic workweek before the start of 

the administrative workweek in which the change takes place, 

except for special circumstances allowed by regulation. The work 

schedule change will remain in effect for at least one week, 

consistent with applicable laws and regulations. 

 Section 6. When it becomes necessary to change an employee's 

basic workweek or shift, the employee will be informed of the 

reason for the change, the expected duration, and any applicable 

shift differential and/or hazard pay. 

 Section 7. The Employer will give good faith consideration to 

an employee's request for an eight (8) hour rest break between 

scheduled and unscheduled work assignments and the start of the 

next scheduled shift. An employee who exercises his right to 

request an eight (8) hour break will, if his request is granted, 

have the option of requesting annual leave or leave without pay 

for the hours missed in his following or regular shift 

assignment. 

12 
 Section 8. Employees will receive a scheduled non-paid lunch 

period of one-half hour duration no later than the fifth hour of 

work, except that employees who work a straight eight-hour, 

“watch standing” shift will not have a non-paid lunch period. 

These watch standing employees may eat on the job, to the extent 

the work situation allows. In the case where an employee works 

longer than an eight (8) hour shift, if the employee desires, he 

will receive a non-paid lunch period of one-half hour duration 

for every five (5) hours of continuous work. 

 Section 9. Employees who are required to perform work or to 

remain at their immediate job site for work reasons during their 

scheduled non-paid lunch period will be paid for such time. 

Employees in these types of situations will be allowed to eat on 

the job unless it presents a safety hazard or there is no 

opportunity to eat. 

 Section 10. When an employee is required to travel away from 

his duty station on official business, government transportation 

will be provided. As an alternative, supervisors may authorize 

employees to use their POV when government transportation is not 

readily available and employees will be reimbursed for mileage in 

accordance with Joint Travel Regulations. However, no employee 

will be required to use his personal vehicle for the performance 

of his duties. 

 Section 11. Obtaining and returning government and personal 

tools, equipment and materials from places of issue and 

designated storage areas; moving such tools, equipment and 

materials from such places or from one work location to another; 

or donning and removal of any government provided clothing and 

equipment shall be done on government time during the shift 

hours. 

 Section 12. Bargaining unit employees will be given one 

fifteen (15) minute rest period during the first portion of their 

13 
respective work shift, and one fifteen (15) minute rest period 

during the last portion of their work shift. There will be no 

such work breaks for those employees who work a straight eighthour watch standing shift. Employees working no more than (5) 

hours per day shall receive only one fifteen (15) minute rest 

period. Rest periods will not be utilized to extend lunch 

periods nor to begin work late or to leave work early. This is a 

matter of supervisory responsibility and control. The Union 

agrees to discourage the abuse of work breaks. 

 Section 13. Prior to any scheduled lunch period and/or prior 

to the end of the shift, employees may, at the discretion of 

their supervisor, be allowed a reasonable amount of personal 

cleanup time. 

 Section 14. Selection of employees for reassignment from one 

workweek schedule to another shall be accomplished in the 

following manner: 

 a. Selection first shall be made from among those qualified 

employees who volunteer for reassignment, beginning with the 

employee with the greatest seniority. Subsequent reassignments 

shall be made in the descending order of such seniority. 

 b. Employees shall indicate their desire to volunteer by 

notifying their immediate supervisor. 

 c. If sufficient qualified volunteers are not available to 

meet the needs of the work situation, other employees will be 

assigned beginning with the qualified employee with the least 

seniority in the required position. Subsequent assignments shall 

be made in the ascending order of seniority. 

 d. Qualified employees who can substantiate compelling 

reasons for reassignment may be reassigned without regard to the 

provision of a and c above. 

14
 Section 15. The provisions of Section 14, above, are not 

applicable to employees hired to work on a specific shift as a 

condition of employment, nor do such provisions apply where 

rotating shifts are necessary. 

 Section 16. Time spent on standby duty or in an on-call 

status. (5 CFR 551.431) 

 

 a. An employee will be considered on duty and time spent on 

standby duty shall be considered hours of work if: 

 (1) The employee is restricted to an agency's premises, or 

so close thereto that the employee cannot use the time 

effectively for his or her own purposes; or 

 (2) The employee, although not restricted to the agency's 

premises: 

 (i) Is restricted to his or her living quarters or 

designated post of duty; 

 (ii) Has his or her activities substantially limited; 

and 

 (iii) Is required to remain in a state of readiness to 

perform work. 

 b. An employee will be considered off duty and time spent in 

an on-call status shall not be considered hours of work if: 

 (1) The employee is allowed to leave a telephone number or 

to carry an electronic device for the purpose of being contacted, 

even though the employee is required to remain within a 

reasonable call-back radius; or 

 (2) The employee is allowed to make arrangements such that 

another person will perform any work that may arise during the 

on-call period. 

15
ARTICLE VIII 

OVERTIME

 Section 1. Overtime work for employees who are not on 

compressed work schedules, is defined as such work that is in 

excess of eight (8) hours per day or in excess of forty (40) 

hours per administrative workweek. For employees on compressed 

work schedules, "overtime hours" means any hours in excess of 

those specified hours that constitute the compressed schedule. 

 a. Non-exempt FLSA employees will be compensated for all 

overtime work that is suffered or permitted, except that 

compensatory time may be granted when requested by an employee as 

authorized by regulations. 

 b. Exempt FLSA employees may be granted compensatory time 

off in lieu of overtime pay in accordance with applicable 

regulations. 

 c. Overtime will be computed in increments of fifteen (15) 

minutes. 

 Section 2. The assignment of overtime work is a function of 

management. Supervisors shall assign overtime work to employees 

as efficiently and expeditiously as practicable, making such 

assignments as fairly and equitably as feasible among qualified 

employees in accordance with their particular skills and the need 

for overtime work. 

 Section 3. In making overtime assignments, supervisors will 

first assign overtime among eligible employees while taking into 

consideration such factors as the relative skill and ability of 

available employees, specialized training, knowledge of the 

particular type of work involved, and health/fatigue indications. 

 Although it is understood the foregoing factors will take 

precedence, the expressed desires of employees to receive 

overtime work assignments, or not to receive such assignments, 

will also be considered. 

16
 Section 4. Employees receiving overtime assignments, 

particularly to emergency/service and jobs in critical 

facilities, are expected to accept and regard such assignments, 

unless excused, as a continuance of the same responsibilities and 

obligations that apply to their basic employment, putting, when 

necessary, such assignments above their personal convenience. 

Employees absent from duty as a result of a disciplinary action 

shall not be assigned overtime for the duration of the 

suspension. Employees absent from work due to illness or injury 

shall not be required to work overtime assignments for the 

duration of the illness or injury. Employees on annual leave, 

taken at their own request, may not be recalled to work overtime 

assignments except due to emergency situations or workload 

requirements. Employees shall be required to provide information 

as to how and where they can be contacted should a call for their 

services become necessary. 

 Section 5. Employees assigned to overtime work will be given 

as much advance notice of such assignment as possible. Upon 

reasonable and timely request, the appropriate supervisor will 

normally relieve an employee of an overtime assignment provided 

another qualified employee is available and has expressed his 

desire to the supervisor regarding his willingness to work. 

 Section 6. If an employee is called in to work at a time 

outside of and unconnected with his scheduled hours of work to 

perform unscheduled overtime work of less than two (2) hours 

duration, the employee will be paid a minimum of two (2) hours of 

overtime pay for each such "call-back," even if the employee 

performed no work or less than two (2) hours of work. If an 

employee called back to work under this Section is so tardy in 

arriving at work that there is no need for his services and he 

has no acceptable excuse for such tardiness, he shall not be 

eligible for "call-back" minimum pay. 

17
 Section 7. The Employer will provide necessary and pertinent 

information concerning overtime hours worked to employees and/or 

Union stewards to aid in resolving specific complaints concerning 

overtime distribution. It is recognized that fairness in 

overtime distribution cannot be determined solely on the basis of 

comparative hours worked and that other pertinent information 

relative to the factors set forth in Section 3 above must also be 

considered. 

ARTICLE IX 

TEMPORARY ASSIGNMENTS

 Section 1. The Employer agrees to temporarily promote 

qualified employees when it is known in advance that an employee 

will be directed to perform the duties of a higher-level position 

for more than five (5) consecutive workdays. The effective date 

of the temporary promotion will be the first day the employee is 

assigned to the higher-level position. 

 Section 2. When it is not known in advance that the temporary 

assignment will be for more than five (5) consecutive workdays 

and the qualified employee is assigned to the higher-level 

position, the temporary promotion will become effective on: 

 a. the date management is officially notified that the 

employee will be in the temporary assignment for more than five 

(5) consecutive workdays; or 

 b. the sixth (6th) consecutive workday the employee has 

been assigned the duties of the higher level position if 

management has not officially been notified prior to the sixth 

(6th) workday. 

 Section 3. Normally, when available in the department, only 

qualified employees will be assigned to higher-level positions. 

18 
 Section 4. During a detail to a lower-graded position, the 

employee continues to occupy his position of record and to be 

paid at his regular rate of pay. 

ARTICLE X 

PROMOTIONS

 Section 1. It is the policy of the Employer to utilize the 

skills and potential of all employees as fully as practicable and 

to give employees the opportunity for progressive development. 

In consonance with this policy, the Employer agrees to evaluate 

and select employees for promotion to positions in the bargaining 

unit in accordance with the provisions of the Merit Promotion 

Plan and other applicable regulations. The area of consideration 

for such promotions shall normally be no wider than FISC PEARL. 

The area of consideration may be extended where conditions 

indicate an insufficient quantity of highly qualified personnel 

is available. Where the Employer determines that sufficient 

reasons exist for establishing a wider area of consideration for 

a specific position, the Union shall be notified of the reasons 

for the expansion, and if requested by the Union, the Employer 

will meet with a Union representative to discuss the reasons for 

establishing the wider area of consideration. The Employer will 

give prior consideration to all FISC PEARL repromotion eligibles 

that are registered for such consideration. The Union recognizes 

that the Employer has the right to fill vacancies by methods 

other than promotion, including but not limited to appointment, 

reinstatement, reassignment, change to lower grade, and transfer. 

 The Employer may also cancel or postpone action to fill a 

vacancy. 

 Section 2. Most position vacancies in the bargaining unit will 

not be announced but will be filled through the Standard 

Automated Inventory and Referral System (STAIRS). The software 

19 
used by STAIRS at this time is a commercial product called 

Resumix. The terms "STAIRS" and "Resumix" are often used 

interchangeably. 

 a. Employees can submit their resumes into STAIRS anytime. 

 Typed resumes can be submitted either electronically or in hard 

copy. The Union and the Employer encourage electronic 

submission. A single resume may be used for multiple positions. 

 b. When the Employer initiates a recruitment action, STAIRS 

queries the inventory of resumes, matches the skills of the 

applicants therein with the skills identified to meet the 

requirements of the position under recruitment, and creates a 

referral list. 

 c. The Union and the Employer will encourage employees to 

submit resumes into STAIRS so that they may automatically be 

considered for position vacancies in which they have indicated an 

interest. 

 Section 3. In those rare instances when a bargaining unit 

position vacancy is announced under Merit Promotion, the Employer 

will publicize the recruitment action for three workdays. 

Employees whose resumes are already in the inventory, and have 

indicated interest in such position, will receive automatic 

consideration and need not submit a resume when the vacancy is 

announced. 

 Section 4. Grievances arising out of the application of the 

Merit Promotion Plan, including rating and ranking complaints, 

shall be processed under the negotiated grievance procedure. It 

is understood that non-selection for promotion from a group of 

properly ranked and certified candidates is not grievable. The 

Union recognizes that selecting officials are not required to 

justify their selection decisions to non-selected candidates. 

However, upon request, the Employer will inform the employee of 

who was selected and counsel the employee on how he might improve 

chances for future selection. 

20 
ARTICLE XI 

HOLIDAYS 

 Section 1. Federal holidays will be observed as non-workdays 

to the extent practicable, consistent with workload and manpower 

requirements as determined by the Employer. 

 Section 2. The following are Federal holidays: 

 New Year's Day, January 1. 

 Birthday of Martin Luther King, Jr., the third Monday in January. 

 Washington's Birthday, the third Monday in February. 

 Memorial Day, the last Monday in May. 

 Independence Day, July 4. 

 Labor Day, the first Monday in September. 

 Columbus Day, the second Monday in October. 

 Veterans Day, November 11. 

 Thanksgiving Day, the fourth Thursday in November. 

 Christmas Day, December 25. 

 Any other calendar day designated as a holiday by 

 Federal statute or Executive Order. 

21 
ARTICLE XII 

SICK LEAVE

 Section 1. Employees shall accrue and be granted sick leave in 

accordance with applicable regulations. The insurance and 

retirement values of sick leave are jointly recognized and 

employees in the bargaining unit will be encouraged to conserve 

such leave so they may receive full pay during a prolonged 

absence due to illness or disability. The Employer may also 

grant sick leave consistent with the Family Friendly Leave Act. 

 Section 2. Sick leave, if available, shall be granted to 

employees when they are absent from work because of bona fide 

illness or injury or other circumstances for which the granting 

of sick leave is permitted by regulations. 

 Section 3. An employee who is unable to report to work because 

of incapacitation due to illness or injury or for other 

unexpected reasons for which sick leave may be granted is 

responsible for seeing that notification is given to the 

immediate supervisor or designee normally before but no later 

than fifteen (15) minutes after the start of the shift on the 

first day of his absence. The Employer recognizes that there may 

be circumstances that preclude strict compliance with this 

requirement, and therefore agrees to seek an explanation from the 

employee when adequate notification has not been provided. After 

reporting to work, an employee who leaves the work site due to 

illness shall be subject to the above reporting requirement on 

the next workday, if he is still absent due to illness. When any 

absence for which sick leave is chargeable extends from one 

workweek to another, in addition to the initial call-in, unless 

excused by his supervisor from doing so, the employee shall 

notify his supervisor on the first workday of the second week and 

of each workday of the second week and of each workweek 

thereafter until he returns to duty. 

22 
 Section 4. Employees seeking medical, dental, or optical 

examinations or treatment shall make every effort to schedule 

such appointments after working hours or on non-workdays. Where 

this is impractical, requests for sick leave to cover such 

examinations or treatment, on other than an emergency call-in 

basis, shall be submitted for approval as far in advance as 

possible, and shall specify the date and time of the appointment. 

 Section 5. Employees shall normally not be requested to 

furnish a medical certificate to substantiate a request for sick 

leave unless the sick leave exceeds three (3) consecutive 

workdays, except that, in cases of employees suspected of abusing 

the sick leave privilege, the Employer may require submission of 

a medical certificate. At the time the Employer informs the 

employee of the requirement to submit a medical certificate to 

substantiate each request for sick leave due to claimed illness, 

regardless of duration, the Employer will advise the employee of 

the questionable sick leave record. During this discussion, the 

appropriate Union steward may represent the employee. The 

Employer will make available to the employee his sick leave 

record, which is the basis for the evaluation. Written notice of 

this requirement shall, as a minimum, inform the employee of the 

starting date of the requirement and any provisions for review of 

the notice and shall explain fully the reasons for believing the 

employee is abusing his sick leave benefits. It is agreed that 

these notices shall not be based on absences lasting more than 

three (3) working days for which the employee has been granted 

leave by submitting medical certification. It is further agreed 

that copies of such notices shall not be made part of the 

employee's permanent record. This requirement will be reviewed 

at least every six (6) months and will be rescinded in writing at 

such time as sustained improvement in the employee's sick leave 

record warrants. 

23 
 Section 6. Unearned sick leave may be advanced in amounts not 

exceeding thirty (30) days to employees who are unable to work 

because of serious disability or ailments. The employee shall 

submit a written request for such leave to the Executive Officer, 

via the cognizant department head, attaching a doctor's 

certificate covering the need for the advance of sick leave and 

the doctor's prognosis of estimated time the employee is expected 

to be able to return to work. The conditions under which sick 

leave is to be advanced are: 

 a. An employee's accumulated sick leave and any annual 

leave the employee might otherwise forfeit must be exhausted and 

there must be reasonable assurance the employee will return to 

duty. 

 b. Sick leave will not be advanced to an employee known to 

be planning to resign or retire, or when it is anticipated he is 

to be separated for other reasons before he can repay the 

advance. 

 c. An employee under a temporary or limited appointment may 

not be advanced sick leave in excess of the amount he would 

otherwise earn during the term of his employment. 

 d. In considering requests for advance sick leave in 

maternity cases, the standards applied will be those governing 

the granting of advance sick leave in other cases of serious 

disability, regardless of the maternity aspect. 

 e. When advance sick leave has been approved and 

circumstances arise which indicate the advance sick leave is no 

longer warranted, payment under the grant of advance sick leave 

will cease. 

24 
 Section 7. When an employee is injured on the job he may elect 

to have any resulting absence from duty charged to sick and/or 

annual leave, or continuation of regular pay. He also may 

request an advance of sick leave, in accordance with the 

provisions of Section 6, above. 

 Section 8. Employees authorized to visit dispensaries during 

regular scheduled working hours, for reasons other than 

examination and treatment of on-the-job injuries, will have 

absence in excess of one (1) hour charged to leave. 

ARTICLE XIII 

ANNUAL LEAVE

 Section 1. Employees shall earn and accumulate annual leave in 

accordance with applicable regulations. An employee's request 

for annual leave will be granted when he can be spared from his 

duties, and normally will not be denied when he may otherwise 

lose leave because of maximum accumulation or forfeiture rules. 

 Section 2. Annual leave schedules covering each employee's 

tentatively planned leave for vacation purposes during the leave 

year will be prepared by supervisors at the beginning of such 

leave year to the extent practicable. Employees will submit 

during January of each year an annual leave plan for periods in 

excess of one (1) week and these scheduled choices may not be 

changed thereafter, except for bona fide reasons. Conflicts in 

requested vacation periods will be resolved by granting requested 

dates on a rotation basis from year to year beginning initially 

with the employees in the order of their seniority in their 

current position under the assigning supervisor. Vacation 

schedules once established shall not be changed or cancelled by 

the Employer except in the event of emergencies or workload 

requirements. 

25 
Employee requests for leave for periods other than the above 

shall be granted whenever possible, consistent with workload 

requirements. When conflicts in requests arise, or when it 

becomes necessary to restrict the use of leave, requests will be 

granted on a first-come, first-served basis in accordance with 

the Employer's operating needs and the necessity for having 

certain skills available. 

 Section 3. Requests for occasional, unscheduled leave shall be 

submitted at least the day prior to the beginning of the workday 

for which the time off is requested. The supervisor will advise 

the employee as promptly as possible whether such leave request 

is approved; and, if not approved, why not. If the employee's 

request is for a day or days for which more requests have been 

received than can be approved consistent with the work 

requirements, approval will be granted on the basis of the 

earliest requests received. Where the basis for a request for 

unscheduled annual leave could not have been foreseen one day 

prior, the employee will make the request no later than fifteen 

(15) minutes after the start of his shift. 

 Section 4. If the Employer cannot avoid canceling previously 

scheduled leave because of workload or emergency requirements, or 

when unscheduled leave is denied, the reasons for such actions 

will be explained to the affected employee at the earliest 

possible time, and every effort will be made to reschedule or 

approve leave for such employee at another time most nearly 

suitable to his preference. 

 Section 5. Annual leave for emergency purposes may be 

requested when unforeseen circumstances prevent the request and 

approval of leave in advance and will be considered subject to 

workload considerations and the need for the employee's services 

as stated in Sections 1 through 4 above. Should an occasion 

arise which prevents an employee from reporting to work, the 

employee may 

26 
request annual leave by telephone or other means. Such requests 

shall be made as soon as possible but, where not possible, 

normally not later than two (2) hours after the start of the 

employee's regular shift. In making such requests, the employee 

will provide information concerning the basis for the expected 

duration of his absence. If the person receiving the request is 

someone other than the employee's immediate supervisor, the 

employee will also provide information as to how he may be 

contacted if the supervisor desires to do so. All such 

information received will be relayed to the supervisor. It is 

understood that call-in requests for annual leave will not 

normally be approved in cases where there is considered to be 

insufficient justification for the absence or where the reason 

for the absence is such that leave could have been requested in 

advance. 

 Section 6. Supervisors will exercise care to prevent any 

unintended loss of an employee's excess annual leave because of 

the limitation of a maximum leave which he can carry forward to 

the succeeding leave year. When employees have not planned 

extended leave absences for vacations, they will be encouraged to 

use by 1 July the excess leave accrued during the first half of 

the year, and to use that excess leave earned after 1 July for 

periods of leave during the last half of the year. 

 Section 7. If it becomes necessary to require employees to 

take annual leave involuntarily, the supervisor will first call 

for volunteers. If there are insufficient volunteers, nonvolunteers will be selected by assigning leave in increments of 

up to forty (40) hours to employees who have accrued leave of 

more than one hundred twenty (120) hours, and in increments of up 

to twenty-four (24) hours to employees who have one hundred 

twenty (120) hours or less to their credit, beginning with the 

employee in each affected job or skill category who has the 

highest amount of accumulated annual leave. Employees who have 

accrued leave of 

27 
120 hours or less will not be assigned leave in increments more 

than and normally not equal to employees who have accrued leave 

of more than 120 hours. After being placed on annual leave 

involuntarily for one increment, an employee will not be placed 

on such leave for an additional increment unless he still has 

more accumulated annual leave than others in his job or skill 

category. Employees required to take annual leave involuntarily 

will be given at least seventy-two (72) hours advance notice 

except when decisions or occurrences beyond the control of the 

head of the division intervene. An employee excepted from 

involuntary leave due to his job or skill shall immediately 

become subject to the provisions of this Section as soon as his 

particular job or skill category is no longer required. 

 Section 8. In cases of interrupted or suspended operations due 

to equipment breakdown, power failure, lack of material, 

transportation strikes, storms, floods or other unforeseeable 

circumstances, the following applies to employees who cannot be 

assigned other work: 

 a. Employees will be required to use annual leave when 

twenty-four (24) hours advance notice can be given. 

 b. If twenty-four (24) hours advance notice cannot be 

given, but notice can be given before the end of their shift 

immediately preceding the one in which they are to be placed on 

leave, employees may, for not to exceed five (5) days in the 

leave year, be required to use annual leave. 

 c. If neither twenty-four (24) hours advance notice nor 

notice before the end of their immediately preceding shift is 

possible, employees will be administratively excused with pay for 

a period not to exceed eight (8) hours and will then be placed on 

enforced annual leave for subsequent continuous absence required 

beyond eight (8) hours, provided twenty-four (24) hours advance 

notice is given. 

28 
ARTICLE XIV

FAMILY AND MEDICAL LEAVE

 Section 1. The Employer will administer the Family and Medical 

Leave Act (FMLA) in accordance with applicable laws and 

regulations. The Office of Personnel Management is responsible 

for issuing government-wide regulatory guidance for the FMLA. 

Some of the current FMLA entitlements and requirements follow: 

 a. In compliance with FMLA, eligible employees are entitled 

to twelve (12) weeks of unpaid leave per year for the birth, 

adoption or foster placement of an employee's child; to care for 

a spouse, parent, son or daughter with serious health conditions; 

or where because of serious health condition the employee is 

unable to perform the functions of his position. 

 b. Whenever an employee's leave is foreseeable, the 

employee must notify his supervisor at least thirty (30) days 

before the leave is anticipated to begin. If however, the nature 

of the leave requires that it begin in less than thirty (30) 

days, the employee must notify his supervisor as soon as 

practicable. 

 c. An employee shall continue to be covered by the 

applicable group health plan during the covered leave. 

 d. Except as otherwise permitted by the FMLA, following a 

leave of absence granted pursuant to that Act, an employee shall 

be returned to the same position or to an equivalent position 

with equivalent pay and benefits. 

29 
ARTICLE XV 

EXTENDED LEAVE AND EXCUSED ABSENCES

 Section 1. Subject to workload considerations and the need for 

the employee's services, requests for leaves of absence without 

pay will be considered on their individual merit and shall not 

exceed a period of one (1) year for each application. In 

considering the merit of each request, the following factors 

should be compelling: 

 a. improved performance capabilities; 

 b. protection or improvement of employee's health and 

 c. retention of a desirable employee. 

 Section 2. When an employee in the bargaining unit has been 

elected or appointed to a Union office or as a delegate to any 

Union activity requiring a leave of absence, such employee may be 

granted annual leave and/or leave without pay consistent with 

regulations and workload requirements. 

 Section 3. Employees who are absent on extended leave without 

pay shall accrue all rights and privileges accorded by 

regulations. 

 Section 4. Subject to workload considerations and the need for 

the employee's services, excused absences may be granted for 

varying periods under the following circumstances in accordance 

with applicable regulations: 

 a. for voting registration, and to vote 

 b. to donate blood 

30 
 c. for brief periods of tardiness 

 d. for tests, interviews and physical examinations as 

prescribed by merit promotion regulations 

 e. for attendance at the funeral of an immediate family 

member, in the service, who died while in a combat zone 

 f. registration or examination for selective service. 

ARTICLE XVI 

REDUCTION IN FORCE

 Section 1. As soon as it is known by the Employer that a 

reduction in force action affecting employees in the bargaining 

unit is required, the Union will be so notified and informed of 

the reasons for such action. Prior to the issuance of official 

notices to the employees involved in reduction-in-force action, 

the Union will be notified of the number of employees and 

competitive levels to be affected, and the date action is to be 

taken. 

 Section 2. To minimize the impact of any reduction in force, 

an out-placement program will be activated to determine placement 

opportunities and locate existing vacancies at other Navy 

activities and government agencies on Oahu to which qualified 

employees not placed will be referred. 

 Section 3. The placement rights of employees affected by 

reduction in force will be administered in accordance with 

applicable regulations. The competitive area for any reduction 

in force at FISC PEARL will continue to be activity wide. 

 Section 4. Career or career-conditional employees who are 

separated by reduction in force will be placed on the 

31 
Reemployment Priority List. Such employees will be assisted by 

the Employer in applying for entry into the OPM Displaced 

Employee Program for priority referrals to other Government 

agencies on the Island. Acceptance of a temporary position by an 

employee on the Reemployment Priority List or in the Displaced 

Employee Program will not affect his status on the Lists or his 

eligibility for reemployment into a permanent position. 

 Section 5. An employee's entitlement to grade/pay retention 

when he is changed to lower grade or to severance pay when he is 

separated shall be determined by the employee's eligibility for 

the benefit. Such entitlements will be administered in 

accordance with applicable regulations. 

 Section 6. Upon request of the Union, the Employer will 

provide a presentation on reduction-in-force procedures to Union 

stewards and representatives. Such request may be made 

preliminary to the implementation of an announced reduction in 

force or when the Union has several new stewards who need to be 

familiar with reduction-in-force procedures. 

ARTICLE XVII 

ADMINISTRATION OF DISCIPLINE

 Section 1. Disciplinary action shall be taken only for just 

cause, and the penalty imposed will be the minimum, in the 

judgment of the disciplining official, that can reasonably be 

expected to correct the affected employee and maintain 

discipline and morale among other employees. It is understood 

that certain breaches of regulations may be grounds for removal 

for the initial offense. 

32 
 Section 2. Prior to initiating disciplinary action, an 

investigation shall be conducted to establish the facts. Such 

investigation shall normally include a discussion with the 

employee, except when unusual circumstances, e.g., TAD, illness, 

etc., make such discussion impractical, or where, in those very 

rare situations, it can reasonably be concluded that such 

discussion would develop no additional useful information. The 

Employer will not use the latter provision as an excuse to avoid 

holding a discussion. If the employee so requests, an 

appropriate steward may represent him in this discussion. 

 Section 3. Notices of proposed action will advise the employee 

of his right to reply, of his right to representation in making 

such reply, and of his right to review the material relied upon 

by management in proposing the disciplinary action. Should the 

Union be chosen as the employee's representative, the Union shall 

be furnished a copy of the material upon request. Both parties 

recognize that any information protected by law, will be 

sanitized from the record prior to review. Notices of decision 

to effect disciplinary action will advise the employee of his 

grievance/appeal rights. 

 Section 4. Where an employee has designated the Union as his 

representative, the Union will be forwarded a copy of any notice 

of proposed action and decision letter at the time of issuance. 

 Section 5. Disciplinary actions may be grieved/appealed as 

follows: 

 a. Letters of reprimand and suspension of fourteen (14) 

days or less may be grieved only under the negotiated grievance 

procedure. 

 b. Removals, suspensions of fifteen (15) days or more, 

reduction in grade, reduction in pay, and furloughs of thirty 

(30) days or less may either be grieved under the negotiated 

grievance procedures or be appealed to the Merit Systems 

Protection Board, but not both. 

33 
 c. Grievances on disciplinary actions shall be submitted at 

the next level of the grievance procedure above the deciding 

official. In cases where the deciding official is the Commanding 

Officer, the provisions of Article XIX, Arbitration, shall apply. 

 Section 6. All disciplinary actions and grievance/appeals 

shall conform to procedures set forth in applicable laws and 

regulations and the AGREEMENT. 

ARTICLE XVIII 

GRIEVANCE PROCEDURE

 Section 1. This Article provides an orderly procedure for 

processing grievances of the parties and bargaining unit 

employees as defined in Section 2 below. It is the sole 

procedure that may be used by the parties to the AGREEMENT, and 

the employees in the bargaining unit except as provided in 

Sections 3 and 4 below. 

 Section 2. A grievance means any complaint: 

 a. by any employee concerning any matter relating to the 

employment of the employee; 

 b. by the Union concerning any matter relating to the 

employment of any employee; or 

 c. by any employee, the Union, or the Employer concerning: 

 (1) the effect, or interpretation, or a claim of breach, 

of this AGREEMENT; or 

 (2) any claimed violation, misinterpretation, or 

misapplication of any law, rule, or regulation affecting 

conditions of employment. 

34 
 Section 3. Excluded from processing under this Article are 

grievances concerning: 

 a. any claimed violation of Subchapter III of Chapter 73 of 

5 USC (relating to prohibited political activities); 

 b. retirement, life insurance, or health insurance; 

 c. a suspension or removal under Section 7532 of 5 USC 

(National Security); 

 d. any examination, certification, or appointment; 

 e. the classification of any position that does not result 

in the reduction in grade or pay of an employee; 

 f. any dissatisfaction, which involves a position in the 

Activity which is outside the bargaining unit; 

 g. any action terminating a temporary promotion for reasons 

other than for cause; 

 h. nonadoption of a suggestion or disapproval of a quality 

step increase, performance award, or other kinds of honorary or 

discretionary awards; 

 i. a preliminary warning or notice of a specific action, 

which, if effected, would be covered under the negotiated 

grievance procedure; 

 j. decision of another activity; 

 k. actions where the head of the activity does not have the 

authority to grant the corrective action desired; 

35 
 l. separation for failure to satisfactorily complete a 

probationary period; 

 m. discharge of temporaries; 

 n. separation within the first year of employee on a 

Veteran's Readjustment Appointment. 

 Section 4. The following matters may be pursued under the 

negotiated grievance procedure or under a statutory procedure, 

but not both: 

 a. Appealable Adverse Actions. 

 (1) a removal; 

 (2) a suspension for more than 14 days; 

 (3) a reduction in grade; 

 (4) a reduction in pay; and 

 (5) a furlough of 30 days or less. 

 b. Allegations or complaints of discrimination reviewable 

under part 1614 of EEOC regulations. 

 Section 5. In matters covered under Section 4.a. of this 

Article, which have been raised under the negotiated grievance 

procedure, and subsequently proceed to arbitration, the 

arbitrator will apply the standards of proof contained in 5 USC 

7701c(1) as applicable. 

 Section 6. In the event of a disagreement over whether a 

grievance is subject to this grievance procedure, or is subject 

36 
to arbitration under this AGREEMENT, the parties shall attempt to 

resolve this issue informally. If unresolved, the matter may be 

pursued as a threshold issue under Article XIX, Arbitration. 

 Section 7. Grievances which require interpretation of agency 

policies, or regulations, provisions of law or regulations of 

appropriate authorities outside the agency, shall be handled as 

follows if the parties are unable to resolve the question 

informally: 

 a. Processing of the grievance beyond Step 1 of Section 11 

(Step 2 if grieving a disciplinary action in accordance with 

Section 11 of this Article) will be delayed until the questioned 

policy, law or regulation has been interpreted. The Employer 

will forward the position papers of both parties to the cognizant 

office of issue in the Department of the Navy or OCHR 

(CIVPERS/EEO) as appropriate. 

 b. Upon receipt of the interpretation, the employee, Union 

or Employer may resume processing the grievance, including 

alleged misapplication of the policy, law, or regulation. 

 Section 8. An employee using this procedure may be accompanied 

and represented by an individual appointed by the Union. As an 

exception to this requirement, an employee or group of employees 

wishing adjustment of a grievance under this procedure without 

the intervention of the Union may do so. Such a request for 

adjustment shall be irrevocable and made in accordance with the 

procedures, time limits, and provisions of this Article except 

that the employee is not entitled to any representation at the 

various steps nor is he entitled to arbitration. The Employer 

may adjust such grievances so long as the adjustment is not 

inconsistent with the terms of this AGREEMENT. A Union 

representative may be present at all steps of the grievance 

procedure. Inasmuch as the employee without representation is 

not entitled to arbitration, the decision rendered in Step 3 of 

Section 11 by the Commanding Officer shall be final. 

37 
 Section 9. A grievance must be presented within fifteen (15) 

calendar days of the date of the particular act or occurrence 

which gave rise to the grievance, or within fifteen (15) calendar 

days after the date the grieving party became aware of the act or 

occurrence. 

 Section 10. Grievances may arise from misunderstandings or 

disputes which can be settled promptly and satisfactorily on an 

informal basis at the immediate supervisory level. The Employer 

and the Union agree that every effort will be made by Management 

and the aggrieved party(s) to settle grievances at the lowest 

possible level. Inasmuch as dissatisfactions and disagreements 

arise occasionally among people in any work situation, the filing 

of a grievance shall not be construed as reflecting unfavorably 

on an employee's good standing, performance, loyalty, or 

desirability to the organization. 

 Section 11. Grievances to which this Article applies shall be 

processed in the following manner: 

 Step 1. The grievant shall reduce the grievance to writing 

(see Appendix I) and submit it to the lowest appropriate 

supervisory level at which discretion in the matter exists, 

normally the immediate supervisor. The written grievance shall 

state specifically the nature of the complaint, the Article and 

Section of the AGREEMENT allegedly violated (if appropriate); the 

name of the grievant's representative, the remedy sought, and any 

other pertinent facts. The parties involved shall make an 

earnest effort to resolve the matter at this level. The 

supervisor shall make whatever investigation is necessary and 

shall give his written decision to the grievant within seven (7) 

calendar days after the discussion. Should the decision be 

unsatisfactory to the grievant, he may proceed to Step 2. 

38 
 Step 2. At this step, the grievant shall submit the 

grievance to the cognizant department head within ten (10) 

calendar days after receipt of the Step 1 decision. The 

department head will either accept the grievance or return it if 

it is untimely, vague, incomplete, if new matters are raised 

which were not addressed at Step 1, or not covered by this 

procedure. If accepted, the department head shall meet within 

seven (7) calendar days after receipt of the written grievance 

with the grievant, the Union representative, if appropriate, and 

other appropriate persons. Within (7) calendar days after the 

meeting, the department head, or his designee, shall render his 

decision to the grievant, in writing with a copy to the Union. 

If the decision is unsatisfactory to the grievant, he may submit 

the grievance to Step 3. 

 Step 3. The grievance at this step will be submitted to the 

Commanding Officer within fifteen (15) calendar days of receipt 

of the department head's decision. The Commanding Officer or his 

designee will render a written decision within twenty (20) 

calendar days. If the Union is dissatisfied, the matter may be 

submitted for arbitration in accordance with Article XIX. 

 Step 4. Within ten (10) calendar days of the Step 3 

decision, the Union may invoke arbitration by notifying the 

Commanding Officer in writing. Further processing of the 

grievance will be in accordance with the provisions of Article 

XIX, Arbitration. 

 Section 12. Should two or more employees have identical 

grievances (the dissatisfaction expressed and the relief 

requested are the same), other than those involving disciplinary 

action, the grievances will be joined and processed as one 

grievance, with the decision applicable to all. In such cases, 

the Employer will request the employees concerned to select a 

representative for the group. 

39 
 Section 13. An aggrieved employee affected by a removal, 

suspension of more than fourteen (14) calendar days, reductions 

in grade or pay, or furlough of thirty (30) days or less, or who 

is alleging prohibited discrimination may raise the matter under 

a statutory procedure or under this negotiated grievance 

procedure, but not both. An employee shall be deemed to have 

raised the matter under either a statutory procedure or this 

negotiated grievance procedure at such time as the employee 

timely initiates an action under the applicable statutory 

procedure or timely files a grievance in writing in accordance 

with this negotiated grievance procedure, whichever event occurs 

first. Such choice shall be irrevocable. 

 a. Prior to filing a grievance of discrimination, the 

employee will contact an EEO Counselor within forty-five (45) 

calendar days from the date the employee became aware of the 

alleged discriminatory act. Within fifteen (15) calendar days 

after receipt of the notice of final interview, the employee may 

file a grievance of discrimination in writing beginning at Step 2 

of Section 11 of this Article. Further processing of the 

grievance will be in accordance with Section 11. If, however, 

the alleged discriminating official is at a level above the 

department head, the grievance will be submitted directly to the 

Commanding Officer, who will render a written decision to the 

grievant within sixty (60) calendar days of receipt of the 

grievance. If the grievant and the Union are not satisfied with 

the Commanding Officer’s decision, the Union may, within fifteen 

(15) calendar days from the date of that decision, invoke 

arbitration in accordance with Article XIX, Arbitration. 

 Section 14. Nothing in this AGREEMENT shall be so interpreted 

as to require the Union to represent an employee in processing 

his grievance or to continue to represent him, if the Union 

considers the grievance to be invalid, without merit, or not 

covered by the terms of this AGREEMENT or law. 

40
 Section 15. Grievances of the Union or the Employer shall be 

processed as follows: 

 a. The grievance shall be submitted in writing to the 

Commanding Officer or the Executive Director of the Union, as the 

case may be. The grievance shall specify the particular Articles 

and Sections of the AGREEMENT alleged to have been misinterpreted 

or misapplied, provide all pertinent data relating to the 

grievance including dates, places and personnel involved; and 

state the relief desired and the grieving party's rationale 

supporting its content. 

 b. The recipient of the grievance will contact the grieving 

party and representatives of the parties shall meet within ten 

(10) calendar days of receipt of the written grievance to attempt 

to resolve the matter. The party to whom the grievance was 

submitted shall issue a written decision within ten (10) calendar 

days of the meeting. 

 c. If the grievance is not resolved by the decision given 

in subsection b, above, the grieving party may further process 

the grievance under Article XIX, Arbitration, by notifying the 

other party within fifteen (15) calendar days following receipt 

of the decision. Grievability and arbitrability disputes will be 

submitted to the arbitrator as a threshold question. 

 Section 16. All time limits prescribed in the Article may be 

extended by mutual consent upon a showing of good cause prior to 

the end of the time limit. 

ARTICLE XIX

ARBITRATION

 Section 1. Arbitration may be invoked only by the Union or the 

Employer and shall extend only to matters that may be processed 

under Article XVIII, Grievance Procedure. The arbitrator's award 

41 
shall be binding on the parties except that the Union or the 

Employer may file exceptions to the arbitrator's award in the 

manner prescribed by law. 

 Section 2. Within ten (10) calendar days from the date either 

party receives the written request for arbitration, 

representatives of the parties shall meet to mutually select an 

arbitrator. If they cannot reach agreement within five (5) 

calendar days from the initial meeting, the parties shall submit 

a joint request to the Federal Mediation and Conciliation Service 

for a list of five (5) Oahu residents who are qualified 

arbitrators. Within five (5) calendar days following receipt of 

this list, the parties will meet in an attempt to select a 

mutually acceptable arbitrator from the list. If the parties 

cannot reach agreement, they will alternately strike a name from 

the list. This process will be repeated and the name remaining 

will be the duly selected arbitrator. 

 Section 3. Following selection and receipt of acceptance from 

the arbitrator, the parties will prepare a joint letter 

submitting the matter in dispute. This letter shall present, in 

question form, the matter on which arbitration is sought; it 

shall also outline the rules governing arbitration and the fees 

and expenses which will be paid. It may contain mutually agreed 

upon stipulations of fact, and it may be accompanied by any 

documents the parties mutually agree should be submitted to the 

arbitrator in advance of the hearing but which may not 

necessarily be stipulations of fact. Post-hearing briefs may be 

submitted provided both parties agree or the arbitrator requests 

them. 

 Section 4. The arbitration hearing will be held during regular 

day shift working hours, excluding weekends. Both parties as 

determined by the arbitrator, may call a reasonable number of 

42 
relevant witnesses. Employees of FISC PEARL who participate in 

arbitration hearings (who are otherwise in an active duty status) 

shall be in a pay status without charge to annual leave while so 

engaged. 

 Section 5. In considering any case submitted under the 

provisions of this AGREEMENT, the arbitrator shall be limited to 

the specific issue jointly submitted by the parties and to the 

evaluation of the testimony, evidence and arguments presented for 

the purpose of determining whether the action taken was 

reasonable or warranted or whether it was arbitrary or an abuse 

of discretion and is bound by any interpretation sought by the 

parties in accordance with Section 7 of Article XVIII. An 

arbitrator shall not change, modify, alter, delete, or add to the 

provisions of the AGREEMENT, such right being the prerogative of 

the contracting parties only. 

 Section 6. In the event the Employer or the Union takes the 

position that a certain matter is not arbitrable/grievable, the 

question of arbitrability/grievability shall be submitted to 

arbitration as a threshold issue. If the arbitrator determines 

that the matter is grievable or arbitrable, the merits of the 

issue will be considered at that time or at a later date, as the 

parties agree. 

 Section 7. The arbitrator will be expected to transmit his 

written opinion to the parties as soon as possible but not later 

than thirty (30) calendar days after conclusion of the 

arbitration hearing. 

 Section 8. The fees and expenses of the arbitrator shall be 

borne equally by the Employer and the Union. The parties, if 

required by the arbitrator, and mutually agreed to by both 

parties, will share the cost of a qualified reporter, equally. 

43 
 Section 9. The time limits in this Article may be extended by 

mutual agreement of the parties. 

ARTICLE XX 

TRAINING

 Section 1. Training is a necessary and inseparable function of 

management for the maintenance of a skilled and efficient 

workforce and shall be accomplished on the Employer's time when 

the employee is directed to attend. To the extent practicable, 

the Employer will make appropriate training spaces available for 

the further education of interested employees who wish to pursue 

vocational or academic courses, on their own time and expense. 

 Section 2. The selection of employees, other than personnel in 

a "trainee" program, for training predetermined as required for 

advancement and to develop skills of higher-level jobs shall be 

made in accordance with merit promotion plan procedures to insure 

fair and equitable consideration. 

 Section 3. The Employer agrees to consult with and to give 

serious consideration to the expressed views and recommendations 

of the Union in the establishment of training policy affecting 

the employees covered by the AGREEMENT. 

ARTICLE XXI 

PAYROLL DEDUCTION OF UNION DUES

 Section 1. The Employer agrees that payroll deductions for the 

payment of labor organization dues shall be made from the pay of 

employees who voluntarily request such dues deduction and who are 

bona fide members in good standing of the Union and who are 

covered by this AGREEMENT and applicable Department of Navy 

directives. 

44 
 Section 2. Any employee desiring to have his Union dues 

deducted from his pay may, at any time, complete and sign the 

appropriate portions of Standard Form No. 1187, "Request for 

Payroll Deductions for Labor Organization Dues." Section A of 

this form shall be completed and certified by the Executive 

Director or his designee, who shall mail/deliver it to the 

Employer's Human Resources Office, within sufficient time for 

verification of employee eligibility and for the subsequent 

processing of the form at the payroll office no later than 12:00 

noon on the last Monday preceding the pay period during which the 

initial deduction is to be made. An employee may not request the 

deduction from his earnings of dues to more than one labor 

organization. 

 Section 3. A deduction will be made each biweekly pay period 

from the pay of employees in the bargaining unit who have 

requested such allotment for dues. The amount to be deducted 

will be computed by multiplying the employee's regular monthly 

dues by twelve and dividing the results by twenty-six and 

rounding to the next higher penny. It is understood that the 

Employer in any period for which the employee’s net earnings 

after other deductions are insufficient to cover the full amount 

of the allotment for dues will make no deduction for dues. 

 Section 4. The total dues deduction shall be transmitted by 

the disbursing office to the Union, by check no later than ten 

(10) working days after the close of each pay period. With each 

check the Payroll Office will provide the Union with a listing of 

the names of the employees involved and the amount deducted for 

each employee. In the event an employee's net earnings after 

other deductions are insufficient to cover the full amount of the 

allotment for dues, the Employer shall so annotate it on the 

list. The list shall also show the total amount of dues deducted 

by the Payroll Office. There will be no fee charged for the 

deduction of Union dues. 

45 
 Section 5. An employee in the bargaining unit who has 

authorized withholding of Union dues may request revocation of 

such authorization by completing Standard Form No. 1188 

"Cancellation of Payroll Deductions for Labor Organization Dues," 

and submitting the completed form to the Civilian Personnel 

Office. These forms may be obtained from the Employer. An 

employee who initiates dues deduction and requests revocation of 

this deduction within the initial year, will have the revocation 

take effect on the first pay period beginning on or after the 

first anniversary of the date the dues deduction went into 

effect. An employee, who completes the initial one-year period 

and requests revocation of Union dues deduction, will have the 

revocation take effect on the first pay period beginning on or 

after 1 March following submission of the request. Requests 

for revocation must be received by the Payroll Office no later 

than 12:00 noon on the last Monday preceding the first 

anniversary date or 1 March, as appropriate. The Payroll Office 

shall promptly notify the Union of all such revocations received 

by transmitting a copy of the form. 

 Section 6. Allotments shall be automatically terminated 

beginning the first pay period after the Employer determines the 

Union is no longer eligible for exclusive recognition. Any 

individual allotment for dues withholding shall also be 

automatically terminated upon separation or transfer of the 

employee from the bargaining unit. 

 Section 7. The Union agrees to give prompt written 

notification to the Employer in the event an employee 

participating in the dues deduction program ceases for any reason 

to be a member in good standing of the Union in order that his 

allotment for dues be terminated. 

 Section 8. The Union shall be responsible for insuring that 

Standard Form No. 1187 is purchased and made available to the 

members and shall insure that the forms are properly completed 

46 
and certified before transmitting them to the Employer. The 

Union recognizes its responsibility for seeing that its members 

who are graded and ungraded Fleet and Industrial Supply Center 

employees are fully informed and educated concerning the program 

for payroll deduction of employees organization dues, its 

voluntary nature, and the uses and availability of the required 

form. 

 Section 9. The Union shall furnish the Employer, at the 

earliest practicable date, with a current listing containing the 

names and signatures of Union officials who are designated to 

certify Section A of Standard Form No. 1187 on his behalf. The 

Union shall be responsible for giving the Employer prompt written 

notification of any changes in this information and informing 

Union members of this change. Changes in the amount of labor 

organization dues for payroll deduction purposes shall not be 

made more frequently than twice each twelve months. 

ARTICLE XXII 

SAFETY AND HEALTH

 Section 1. The Employer shall conform to and comply with 

applicable regulations requiring safe, healthy, and sanitary 

working conditions. The Union in turn will encourage all 

employees to work in a safe manner and to comply with all safety 

rules and practices. 

 Section 2. The Union will submit a list of proposed Shop 

Safety Committee members from among bargaining unit employees 

covered by this AGREEMENT. The number of names submitted will be 

in the amount identified with each representative code, as 

specified by the Employer. The Employer will accept one-fourth 

of the total committee membership from the Union list. The 

Chairman of the Shop Safety Committee will be elected by its 

membership. 

47 
 Section 3. No employee shall be required to work where 

conditions exist which are unsafe or detrimental to health 

without proper precautions, personal protective equipment and/or 

safety devices determined to be necessary by the Employer. All 

special clothing and/or equipment, including safety shoes, which 

the Employer may require employees to use in connection with 

their assigned work, will be furnished and replaced at the 

expense of the Employer. 

 a. When an employee performs work requiring the use of 

protective clothing and the employee's garment(s) is damaged 

because the clothing is inadequate, the Employer shall be 

responsible for reimbursing the employee for the reasonable value 

of the garment(s). 

 Section 4. Upon receipt of an employee initiated complaint, 

the Employer will ask the Safety Official to expeditiously 

conduct an investigation into the facts and circumstances that 

prompted the complaint, and to allow the appropriate steward the 

opportunity to accompany the Safety Official when he conducts his 

investigation. 

 Section 5. Employees who are assigned to an occupation or duty 

potentially hazardous to health will be given periodic medical 

examinations without cost to employees. The occupations or 

duties designated as potentially hazardous, and the frequency and 

types of examinations required, are listed in current FISC PEARL 

Instructions. 

 Section 6. In the event an employee is injured or becomes ill 

on the job and requires immediate medical attention, the Employer 

will promptly arrange for medical treatment and insure that the 

employee is referred to a medical treatment center without delay. 

48 
 Section 7. Should an employee be medically certified by 

competent medical authority as temporarily incapacitated by an 

occupational injury or illness for the full performance of the 

duties of his position, the Employer will assign the employee to 

a position within his temporary medical limitations for which the 

employee is qualified. It is understood that temporary 

assignment to a "light duty" position is contingent upon the 

availability of such a position. Further, the Employer agrees to 

give strong consideration to temporarily assigning employees in 

the condition described above to unallocated duties within their 

medical limitations. 

ARTICLE XXIII 

PUBLICITY

 Section 1. The Employer agrees that the Union may distribute 

and/or post on unofficial bulletin boards notices, bulletins and 

other Union material. Such literature must not violate any law, 

this AGREEMENT, the security of the activity, or contain language 

that is scurrilous or defamatory. The Union bears sole 

responsibility for the content of material distributed or posted. 

 Section 2. The Union may utilize the Center Relay, on space 

available basis, for publicizing information that complies with 

applicable regulations. Items to be published will be submitted 

to the Executive Officer for approval and released to the Center 

Relay. 

ARTICLE XXIV 

CIVIC RESPONSIBILITIES

 Section 1. All employees are encouraged by both the Employer 

and the Union to exercise their rights and assume their 

responsibilities in connection with participation in civic 

activities. 

49 
 Section 2. If an employee is called for jury duty or jury 

qualifications, he will be granted court leave, consistent with 

regulations and workload requirements. When an employee is 

called for such duties, he shall promptly notify his supervisor 

and shall submit acceptable evidence of selection for jury 

service. Upon completion of his service, the employee shall 

present to his supervisor satisfactory evidence of the time 

served on such duties. 

 Section 3. The Union and the Employer jointly endorse the 

Combined Federal Campaign and urge all employees to contribute 

their fair share by means of payroll deductions. Appeals for 

contributions shall be made in accordance with the principle that 

donations shall be voluntary. 

ARTICLE XXV 

GENERAL PROVISIONS

 Section 1. The parties agree to the principles of Equal 

Employment Opportunity, and further pledge to actively insure 

that employees are not discriminated against because of race, 

religion, color, national origin, age, sex, or physical or mental 

handicap in matters coming within the authority or responsibility 

of the respective parties. 

 a. Where not otherwise prohibited by statute or regulation, 

the Employer will provide to the Union any report on EEO issues 

made by the Employer, which the Employer believes, would be of 

interest to the Union. 

 Section 2. It is mutually understood that all persons 

(including supervisors and stewards, but not limited thereto) 

involved in labor-management relations should assert themselves 

in a temperate and reasonable manner in their mutual dealings and 

will assume responsibility for conforming to appropriate 

standards of personal conduct. 

50 
 Section 3. Nothing in this AGREEMENT shall be construed as a 

bar to any rights the employee would otherwise be entitled to in 

the absence of such AGREEMENT, including the right to bring 

matters of personal concern to the attention of their 

Congressional and other legislative representatives. 

 Section 4. Informal Complaint Process. This section sets 

forth the procedures for processing complaints to agencies 

outside FISC PEARL such as unfair labor practice (ULP) charges, 

OSHA complaints, classification appeals, GAO complaints, etc., 

before such complaints are formally filed. The expressed intent 

of the parties is to facilitate informal discussion concerning 

alleged complaints and to enhance the possibility of informal 

resolution. To this end, the parties agree to the following 

informal process: 

 a. Should either party believe that the other party has 

committed a ULP or other action that may warrant the filing a 

complaint with an outside agency, that party shall serve written 

notice of the alleged violation(s) upon the other party. The 

written notification will include a clear and concise statement 

of the facts constituting the alleged complaint, including the 

time and place of the occurrence of the particular acts, alleged 

violation(s) of any law, rule and/or regulation and any other 

supporting documentation alleged to have been violated. The 

party so served shall have five (5) work days from the date the 

informal complaint was received to investigate the matter and 

allegation(s). If the matter is not resolved after the 

expiration of the five-day period, the charging party may proceed 

to file the complaint with the appropriate agency. For the 

purpose of this section, service will be made to the HRO Labor 

Advisor or the Union Executive Director, personally or by 

registered/certified mail, return receipt requested. 

51 
 Section 5. Prior to conducting any Commercial Activities study 

concerning work performed by bargaining unit employees, the 

Employer will notify the Union. The Union will have the 

opportunity to comment during the study. In the event the 

Employer exercises its right to contract out work that adversely 

affects the employees, the Employer will notify the Union of the 

decision and afford the Union the opportunity to bargain on the 

impact of the contracting out before the decision is implemented. 

ARTICLE XXVI 

DURATION AND CHANGE OF AGREEMENT

 Section 1. This AGREEMENT shall become effective only after 

ratification by members of the Union who are bargaining unit 

employees, signing by representatives of both parties, and 

approval by the Department of Defense (DOD). This AGREEMENT will 

become effective on the date of DOD approval or on the 31st day 

after execution by the parties, whichever is sooner, and 

remain in full force and effect for a period of thirty (30) 

months subsequent to the effective date except that it shall 

terminate automatically on any date on which it is determined 

that the Union is no longer entitled to exclusive recognition 

under 5 USC. On the request of either party, representatives of 

Employer and the Union shall meet to commence negotiation of a 

new AGREEMENT on a mutually agreeable date between the 105th and 

60th days, inclusive, prior to the expiration date of this 

AGREEMENT. If the new AGREEMENT has not been concluded prior to 

such expiration date, this AGREEMENT may be continued for a 

specified period of time to be agreed upon. Such continuance 

would be with the mutual consent of both parties and subject to 

approval by the DOD. 

 Section 2. If this AGREEMENT expires and the parties do not 

enter into negotiations for a new agreement, this AGREEMENT will 

remain in full force and effect for successive periods of one 

52 
year, subject to DOD approval, unless either party notifies the 

other in writing at least ninety (90) calendar days prior to the 

next anniversary of the effective date of that party’s intention 

to renegotiate a new agreement. When either party requests to 

negotiate a new agreement, the provisions of this AGREEMENT shall 

remain in full force and effect until a new agreement becomes 

effective, except for any provisions which may be contrary to any 

law, regulation, or executive order. 

 Section 3. Amendments to this AGREEMENT may be negotiated by 

mutual agreement of both parties any time after it has been in 

effect for a period of six (6) months. Requests for such 

amendments by either party must be in writing and must include a 

summary of the amendments proposed and reasons therefor. The 

parties shall meet within fourteen (14) calendar days after 

receipt of such request to discuss the request. If the parties 

agree to a reopening of the AGREEMENT, they shall proceed to 

negotiate on the proposed amendments. 

 Section 4. This AGREEMENT shall be reopened for amendment upon 

the written request of either party made within thirty (30) 

calendar days after receipt by the requesting party of any change 

required by applicable law or any order, instruction or 

regulation of the OPM, DOD, Department of the Navy, or other 

higher authority, which alters the discretionary authority of the 

Activity Head with regard to any item specifically covered by 

this AGREEMENT. The written request shall include a summary of 

the changes proposed and shall include reference upon which the 

request is based. The parties shall meet within fourteen (14) 

calendar days after receipt of such request to commence 

negotiations. 

 Section 5. Any amendments to this AGREEMENT agreed to by the 

parties will be in writing and duly executed by both parties. 

Such amendments will become effective upon approval by DOD or 31 

days after execution of the amendments, whichever comes first. 

53 
APPENDIX I

FLEET AND INDUSTRIAL SUPPLY CENTER, PEARL HARBOR, 

EMPLOYEE GRIEVANCE FORM 

NAME OF GRIEVANT (Print or Type Plainly) 

POSITION 

BADGE NO. 

SUPERVISOR 

GRIEVANT'S REPRESENTATIVE 

 (Name) (Badge No.) 

IF OTHER THAN FISC 

EMPLOYEE, FULL ADDRESS 

 PHONE NO. 

NATURE OF GRIEVANCE 

 

CORRECTIVE ACTION REQUESTED 

SUBMITTED BY DATE (Signature of Grievant) 

RECEIVED BY DATE 

 (Signature) 

 WRITTEN DECISION 

1ST STEP MEETING HELD ON GIVEN ON 

WRITTEN DECISION ACCEPTED ( ) (Signature of Grievant) 

GRIEVANCE REFERRED TO 2ND STEP ON 

BY (Signature of Grievant) 

RECEIVED FOR 

PROCESSING DATE 

 (Signature) 

54